The Probate Process - Register of Wills

When the Register of Wills grants Letters Testamentary or Letters of Administration, the estate is considered "open". This process takes approximately 1 year. Executors or Administrators (Personal Representatives) have several responsibilities. For more information, please refer to the documents and forms below.

Our experienced staff is always available to answer your questions regarding the process of opening, probating and closing an estate. However, we cannot give legal advice.

There are many attorneys in New Castle County who are experienced with estate law. We recommend that you contact an attorney for advice if you have any concerns, the estate is complex, or you would simply like someone to handle these matters on your behalf. The Delaware State Bar Association Lawyer Referral Service can assist you in finding counsel. The telephone number for the Delaware State Bar Association Referral Service is (302) 478-8850 or (800) 773-0606 (from Kent and Sussex Counties).

Probate Documents and Forms

Probate Instructions - Explanation of each basic probate step involved in the probate process. Update 7/30/12.
Affidavit Will Search - Affidavit confirming Search of decedent's affects to locate Will.
Form No 1- Petition to Act as Personal Representative - Form for an individual to become the personal representative for an estate. Updated 3-25-12
Form No 1- Petition fill - Fillable Form No. 1 - Petition for Authority to Act as Personal Representative
SAMPLE PETITION - Instructions for filling out the petition form. Updated 3-25-2012
Trust Inquiry Form - Informs the Register of Wills office if a trust is created by a will.
Trust Inquiry Form Fillable Form
Power of Attorney - Power of Attorney form for out of state personal representatives. Updated 1/7/2011
Form No NC 23 - Renunciation - Must be notarized - Updated 4/24/2009
Form No NC23 Renunciation Fillable Form
No Estate Tax Affidavit - For information about estate taxes, contact the Delaware Division of Revenue at 302-577-8170. A death certificate must be attached unless it has been previously filed with the Register of Wills office.
No Estate Tax Affidavit Fillable Form
No Estate Tax Affidavit Sample - Sample form for the No Estate Tax Affidavit. New 3/1/2011
Extension Request Form - New 3/31/2011
Extension Request Fillable Form
Request for Documents Fillable Form - Fillable form for requesting documents from the Register of Will office.
Why Must a Personal Representative Appear in Person?

Inventory

Form No. N.C. 600RW Inventory Instructions - Explanation of each schedule on the inventory form. Updated 2/7/12.
Form No. N.C. 600RW Inventory - An Inventory of the assets of the decedent, to be filed with the Register of Wills office by the Personal Representative. This is due 3 months from opening the estate. There is a charge for overdue documents and returned documents. Updated 3-25-12
Form No. N.C. 600RW Inventory fillable

Accounting

Form No. 30 - Also known as the N.C. 30 and N.C. 31 forms. Please note that is a charge for overdue documents. Revised 7-30-12.
Form No. 30 - Accounting Fillable Form - Form No. 30 - Accounting Fillable Form. Revised 2/19/13
Accounting Form Instructions - Explanation of each section on the Accounting Form. Updated 7-27-12.
Form No 5 List Of Beneficiaries - List of beneficiaries form.
Form No 5 List Of Beneficiaries Fillable Form
Form No NC 2 Beneficiary Waiver - Waiver from each beneficiary relinquishing their right to receive notices.
Form No NC 2 Beneficiary Waiver Fillable Form
Form No NC 3 - Waiver Incapacity - Waiver from parent/guardian of beneficiary relinquishing right to receive notices.
Form No NC 3 - Waiver Incapacity Fillable Form
Commission Letter for P.R. - This letter is to be filed as confirmation of intent to claim commission received by the Personal Representative of an estate.